"I figured they would arrest him for trespassing" said the homeowner "But instead they just asked him to leave" which the subject did, walking away to points unknown after deputies made the request.
Herein lies the rift- while the subject did indeed have a warrant, it was from a distance just far enough away, the agency would not extradite.
Further, in the state of Missouri a person cannot be arrested for trespassing unless they have been previously trespassed on that property, among other reasons. So, asking them to leave can be the only option; and fortunately in this case, the subject did just that.
"Problem is" said the homeowner "we've got small children and obviously don't want a stranger just walking onto our property."
"To make things worse" he continued "we figured out that he slept in the barn the night before. It's unnerving to know that he was there the whole time."
While it is unknown if the person is homeless or not, it may not matter as it seems there is an increasing number of displaced persons, either by the judicial system or otherwise, and it's likely these types of situations will increase.
In Missouri, trespassing can be a Class B misdemeanor (Trespass in the First Degree) or an infraction (Trespass in the Second Degree), depending on the circumstances. First-degree trespass involves knowingly entering a building, a business, or property after being told to leave, and is punishable by a fine of $500 and/or up to 6 months jail time.
By definition, Second Degree Trespassing is unlawfully entering any real property without permission, even if it isn't marked; a fine of up to $200 can be imposed.
Again, the first time around and if the property is not marked with no trespassing signage or purple paint, and if the person leaves when asked- then it's the end of the story.
The homeowner went on to say that they felt as though the laws are not in their favor hence, their rights to privacy and security were violated- to compound matters, they expressed concerns that other folks in this situation might take matters into their own hands resulting in a disastrous outcome.
Bates county Sheriff Chad Anderson told Mid America Live "We have to work within the abounds of the law" he said "our hands are tied, there is only so much we can do in these cases." He went on to say that the Sheriff's Office will always do whatever they can to help insure safety in every case.
The following certainly could help:
Fences: erecting a fence around the property; Signs: posting a clearly visible "No Trespassing" sign; Verbal notice: telling a person they cannot enter or must leave the property; Purple paint: marking trees or posts with a purple vertical line of at least 8 inches, between 3 and 5 feet off the ground, and no more than 100 feet apart. Cameras can also be an asset.
And as always, call 911 but understand that due to the aforementioned circumstances, law enforcement may be restricted in terms of action they can take.
